TERMINAL SERVICES TARIFF

FOR

DP World Fraser Surrey Limited Partnership, Pacific Rim Stevedoring Ltd.

Trading as DP World Fraser Surrey

EFFECTIVE JANUARY 1, 2021

This Terminal Services and Stevedoring Tariff (this “Tariff”) - including its General Terms and Conditions - contains the terms and conditions under which DP World Fraser Surrey Limited Partnership and Pacific Rim Stevedoring Ltd. (the “Company”) provides services and make available use of the Property (as defined herein). All use of those services and the Property constitutes acceptance of this Tariff without modification. Read it carefully. It is a legal agreement and contains limitations of liability.

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TABLE OF CONTENTS

1. Company Information 2. Definitions, Weights and Measures 3. General Terms and Conditions 4. Obligations of Customers – Cargo, Vessels, Shipping Documentation, Other 5. General Services 6. Vessel Services 7. Stevedoring Services 8. Terminal Services 9. Facilitation of Inspection Services 10. Extra Services 11. Cargo Release and Third-Party Billing Services 12. Payment for Services, General Lien, Cessation of Services

Rate Schedules

1. Labour, Equipment, Materials, Third Party Services 2. Special Handling, Security Surcharges, Services not otherwise provided for in the tariff 3. Vessel Services 4. General Stevedoring and Terminal Services 5. Stevedoring Services 6. Terminal Services – Containers 7. Stevedoring – Non-Containerized Cargo 8. Terminal Throughput Services - Various Steel Cargos 9. Terminal Services – Various Non-Steel Cargos

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COMPANY INFORMATION

Hours of Operations: Telephone Numbers: Address: Website:

Regular Office Hours Terminal Operations Main Office: Security (24 Hours) 11060 Elevator Road Surrey, BC V3V2R7 Canada www.fsd.bc.ca

0800 to 1630 Monday to Friday, excluding Public Holidays 24 hours per day, 7 days a week (604) 581-2233 (604) 582-2213

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______________________________________________________________________________

I DEFINITIONS, WEIGHTS AND MEASURES

1. DEFINITIONS 1.1 In this Tariff, each word or expression in the left column of the table below has the meaning set out beside it in the right column:

Agent: a person who, on behalf of a Customer: enters into an agreement with the Company for services or use of the Property; delivers, or causes to be delivered, Cargo, instructions, or information to the Company; or receives Cargo or information from the Company

Berth/Berths: any of berths 2 – 10 at DP World Fraser Surrey

Berth Corridor: particular portions of the Property immediately adjacent to the Berths

Berthage Fees: any charge that may be assessed by the Port Authority for use of a Berth by a Vessel

Berth Window: the period time designated by the Company during which a particular Berth will be made available to a Vessel

B/L: bill of lading, contract of affreightment or similar agreement entered into or issued with respect to Cargo

B/L Defences: the exemptions from and limitations of liability, defences, rights, immunities and liberties provided for in a B/L

BCMEA: the British Columbia Maritime Employers Association

BCMEA Assessment: any charges assessed by the BCMEA for services provided at, in conjunction with, or use of, the Property, however calculated

Cargo: Goods and Packaging

Carrier: a person who offers to transport or transports, Cargo, by water, rail, road or other conveyance

Cbm: cubic meter

CFS or Container Freight Station:

a location designated from time to time by the Company at which Cargo may be removed from or loaded into a Container

Charges: amounts payable to the Company for use of the Property or for services provided, and includes every type of cost, expense, charge and surcharge provided for in this Tariff and every tax that may payable with respect to same

Company: DP World Fraser Surrey Limited Partnership, via its general partner DP World Fraser Surrey GP Inc. and trading as DP World Fraser Surrey, which may provide services or the use of the Property to a Customer

Container: a single, rigid, non-disposable, dry cargo, insulated, refrigerated, flat rack, vehicle rack, liquid tank or open-top container, demountable, without wheels or chassis attached, of standard height and width, either 20 feet or 40 feet in length, furnished or approved by a Carrier for transportation of Goods, with the

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contents properly secured, weighing less than the maximum capacity, and contained within the container

Containerized Cargo: Cargo in a Container

Container Yard or CY: a location on the Property designated by the Company from time to time for the receipt, the storage, and the handling in preparation for loading to Inland Carrier or Ocean Carrier, of Containers

Contractor: an officer, director, employee, consultant, agent, contractor, sub-contractor, partner, affiliate, subsidiary, successor, or predecessor of the Company

Customer: a person for whom the Company provides services or the use of the Property

Direct Transfer: transfer of Cargo to or from a Vessel, truck or rail car, to or from a Vessel without being taken to a Place of Rest at the Property

Demurrage: charges that accrue for leaving Cargo on the Property after the expiration of a Storage Period

Earliest Receiving Date or ERD:

the date designated by the Company before which Cargo for loading to a particular Vessel may not be brought to the Property

Equipment Interchange Report or EIR:

the Company’s standard form document upon which the transfer of a Container to or from a truck may be recorded

ETA: the intended date and time (to the nearest hour) of arrival of a Vessel at DP World Fraser Surrey

Free Time: a period of time within a Storage Period during which Cargo may be left on the Property without accruing Demurrage or Storage Charges

Goods: “personal” property that is carried or is intended to be carried by a Carrier

Inland Carrier: a Carrier that offers to transport or transports Cargo by road or by rail

Labour: persons employed by the Company for the purpose of or in the connection with, the movement or handling of Cargo

Latest Receiving Date: the date designated by the Company after which Cargo for loading on a particular Vessel may not be brought to the Property

Metric Tonne or MT: 1000 kg; 2204.6 pounds; 1.1023 short tons (one short ton = 2000 pounds); 0.9842 long tons (one long ton = 2240 pounds)

Mfbm: 1000 board feet of lumber or logs, where:

(a) 1 board foot of lumber is 12" x 12" x 1"; and (b) 1000 board feet of logs, as determined by "Scribner" scale, is

0.4238 cubic metres

Minimum Charge: the minimum amount for any service or use of the Property, as particularized in the Rate Schedules

Non-Containerized Goods: Goods not carried in a Container

Non-Containerized Cargo: Non-Containerized Goods together with any of Packaging with it

Ocean Carrier: a Carrier that offers to transport or transports Cargo by Vessel

Package: a quantity of Goods consolidated or secured together, together with any Packaging

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Packaging: the material with which Goods are wrapped, covered, consolidated or secured together, including bands, wires, slings, pallets, and any other shipping package, whether laden or empty, including a Container

Person: or any word or expression descriptive of a person, includes a corporation, partnership or any other legal entity capable of conducting business

Place of Rest: a location on the Property designated by the Company from time to time for the storage of any particular Cargo

Port: the Port of New Westminster, the Fraser River Port, or any successor to them

Port Authority: The Vancouver Fraser Port Authority or any successor entity given any legal authority to exercise any jurisdiction of the Parliament of Canada over any portion of the Property or any activities conducted on it

Property: the Berths, Berth Corridor, warehouses, industrial area and equipment at DP World Fraser Surrey together with those provided by or subcontracted from third parties from time to time, the use of which the Company may provide to Customers or at or with which the Company may provide services

Steel: any of the following:

• steel plate;

• steel sheet in envelopes;

• hot rolled coil;

• wire rod;

• galvanized steel coil;

• pre-painted eye up galvanized steel coil;

• wide flange beams to a maximum of 60 feet;

• structural steel to a maximum of 60 feet;

• channels to a maximum of 60 feet;

• angles to a maximum of 60 feet;

• pilings to a maximum of 60 feet;

• steel rail to a maximum length of 50 feet;

• steel bars;

• oil country tubular goods;

• oil well casing;

• steel tubing;

• steel line pipe to a maximum diameter of 24 inches and a maximum length of 40 feet;

• galvanized fence posting;

• bundled pipe (bundles less than 800 kg each).

Storage Allowance: as the case may be, either: a quantity (measured by weight, volume, TEU, or otherwise) of Cargo, including laden or empty Containers, that the Company may allow to be stored on the Property for a Storage Period; or a

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portion of the Property upon or within which the Company may allow Cargo to be stored for a Storage Period

Storage Charges: charges incurred for leaving Cargo at the Property upon the expiration of any Free Time during a Storage Period

Storage Period: a period time for which the Company may allow a Customer to leave Cargo at the Property

TEU: twenty-foot equivalent unit, a measure of the quantity of an inventory of Containers

Vessel: a steamship, scow, barge or any other floating structure used to carry Cargo by water, and includes its master, its owners, its charterers, and all others who may have any interest in it

Wharfage Fees: any charges assessed by the Port Authority with respect to the receipt or handling of Cargo at the Property

2. CUSTOMER WARRANTY OF CARGO DESCRIPTION; RATES BASED ON WEIGHT OR OTHER MEASURES

2.1 The Customer warrants that all descriptions of Cargo provided to the Company, including statements of the weight, dimensions, packaging, and condition of the Cargo, are

accurate.

2.2 If a rate provided for in this Tariff for a type of Cargo is expressed based on weight, the Charges are determined on the gross weight of the Cargo stated on the description of the Cargo

provided to the Company.

2.3 If a rate provided for in this Tariff for a type of Cargo is expressed on the basis of a quantity other than weight (for example, volume), the Charges are determined on the quantity of

Cargo stated on the description of the Cargo provided to the Company.

2.4 The Company may in its sole discretion re-consider any description of any Cargo and substitute its own description for the purposes of calculating the Charges payable with respect

to that Cargo.

3. CONVERSION FACTORS 3.1 When required for the purpose of, or in the course of, providing services or use of the Property, and when required for the purposes of calculating Charges, the Company shall be

entitled to use the conversion factors published on the Company website (www.fsd.bc.ca).

http://www.fsd.bc.ca/

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______________________________________________________________________________

II GENERAL TERMS AND CONDITIONS

4. OBJECT 4.1 The purpose of this Tariff is to set out:

(a) the terms and conditions under which services, and access to and use of the Property, are provided by the Company; and

(b) the obligations of the Customer;

subject only to written agreement with the Company providing expressly for alternative specific

terms and conditions.

4.2 Nothing in this Tariff shall be construed so as to require the Company to provide, to continue to provide, or to again provide, services or use the Property to any person.

5. USE OF SERVICES AND PROPERTY IS CONDITIONED ON THIS TARIFF

5.1 It is the obligation of all users of the services of the Company and of the Property to familiarize themselves with the information contained in this Tariff. It contains terms and

conditions which limit the liability of the Company. In requesting or in using the services of the

Company or the Property, each:

(a) Customer; (b) person having any interest in any Cargo; and (c) vessel, and each of its owners and all others that have any interest in the vessel;

agrees to be bound by the terms and conditions contained in this Tariff, subject only to written

agreement with the Company providing expressly for alternative specific terms and conditions.

6. WARRANTY OF AUTHORITY 6.1 Every person who requests or obtains any services or use of the Property warrants that he, she or it has been authorized by all those having any interest in any Cargo or in any Vessel,

as the case may be, to obtain such services or use of the Property in accordance with, and subject

to, all the terms and conditions, including limitations of liability, contained in this Tariff.

7. THE FACILITIES 7.1 The Company and Pacific Rim Stevedoring Ltd. (“PRS Ltd.”) provide the services at, and the use of, a marine terminal and warehousing facility known as “DP World Fraser Surrey”

and, from time to time, other property or facilities located in or near the Port.

7.2 The Company leases certain terminal facilities at from the Port Authority. It also manages the Berths and the Berth Corridor at DP World Fraser Surrey on behalf of the Port

Authority.

7.3 DP World Fraser Surrey is located in tidal waters on the Fraser River, approximately 15 nautical miles (28 kilometres) from its mouth. DP World Fraser Surrey lies in

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what was historically known as the Port of New Westminster, and now falls within the Port

Authority.

7.4 Approximately 40% of the surface area of DP World Fraser Surrey lies below the 1-in-200-year flood level of the Fraser River, while approximately 98% of the surface area of DP

World Fraser Surrey lies above the 1-in-150-year flood level.

7.5 The Fraser River has a navigation channel that is designed to accommodate vessels up to 270m LOA, 32.2m beam and 11.5m draft, year-round. Navigation windows, which are

subject to tides and river conditions, are set by the Pacific Pilotage Authority. The Port Authority

is responsible for dredging the navigation channel, the approaches to DP World Fraser Surrey, and

that berths at DP World Fraser Surrey.

7.6 The Pacific Pilotage Authority provides pilotage service within the waters of British Columbia including navigation of all deep-sea vessels through Area 1, the Fraser River. Sailing

time from Victoria to Sandheads, near the entrance of the Fraser River, is roughly 3.5 hours. Sailing

time from Sandheads up the river to the approaches to DP World Fraser Surrey takes roughly 2

hours.

7.7 The berthing facilities at DP World Fraser Surrey include:

(a) seven deep-sea vessel berths, including 3 container vessel berths and one dolphin berth;

(b) four gantry cranes positioned at the 3 container berths. Three of the gantry cranes are capable of handling two twenty-foot containers within the same lift and have a

maximum lifting capacity of 80 metric tonnes; and

(c) a barge slip with a hydraulically operated ramp. The ramp has a maximum capacity of 75,000 lbs (34 metric tonnes).

7.7.1 The terminal facilities at DP World Fraser Surrey have a total surface area of approximately 53 hectares (130 acres), on which are the following are found:

(a) separate container, steel and general cargo truck gates with queuing lanes; (b) Burlington Northern Santa Fe Railway, Canadian National Railway, Canadian

Pacific Railway and Southern Rail of British Columbia all have direct connections

to Port Authority holding tracks adjacent to DP World Fraser Surrey.

(c) a 33-hectare (80 acre) Container Yard with a maximum daily storage capacity of 18,000 TEUs;

(d) approximately 20 hectares (50 acres) of space for outdoor storage of Non-Containerized Cargo;

(e) three sheds with a total of about 29,000 square meters (310,000 square feet) of unheated, covered storage. Sheds 1, 2 and 6 have polished concrete floors, covered

rail overhangs, and bay doors;

(f) for preventative maintenance:

(i) an on-site electrical/crane facility with 2 service bays and electrical, mechanical and carpentry shops; and

(ii) a diesel shop with 7 service bays and a heavy lift truck area.

7.7.2 All Non-Containerized cargo is generally handled with forklifts. The Company has a fleet of forklifts with specified lifting capacities ranging from 6,000 to 90,000 lb.

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7.7.3 To and from the Berth Corridor, and in the Container Yard, Containers are handled by a fleet of heavy-lift container handlers and by a fleet of dock tractors and trailers with a specified

maximum hauling capacity ranging from 20 metric tonnes to 65 metric tonnes.

8. GENERAL SAFETY POLICIES 8.1 The Company has four main safety policies that all persons must adhere to:

• All employees or visitors to the property must wear a high visibility vest

• All employees or visitors that walk on the property must walk within the safety walkways

• All employees and visitors to the property must comply with the occupational health and safety regulations for safety footwear

• All cargo handling vehicles and equipment have the right of way

9. ACCESS AND SECURITY 9.1 Marine Transportation Security Act and the Regulations 9.1.1 Access to the Property is provided in the Company’s sole, unfettered discretion and in all cases subject to and in accordance with the Marine Transportation Security Act and the

Regulations thereto.

9.2 Entry onto the Property 9.2.1 The Company may at any time in its sole, unfettered discretion, which it can exercise arbitrarily, unreasonably, without notice, without explanation, and without liability to or

recourse by any person:

(a) refuse permission to any person to enter the Property, revoke permission to enter to the Property previously granted to any person, and require any person to leave the

Property;

(b) determine whether it believes that a person may be impaired, by alcohol, by drugs, or otherwise, and refuse permission to that person to enter the Property,

revoke permission to enter to the Property previously granted to that person, and

require that person to leave the Property.

9.3 Conditions of Entry 9.3.1 Every person who enters the Property must comply with each and every term and condition upon which permission to enter may be granted.

9.3.2 As condition of permission to enter the Property, every person waives all claims against the Company and all of its Contractors with respect to or arising out of any death or

personal injury of any nature whatsoever that may be suffered or sustained by that person, by any

employee, licensee, invitee, guest or agent of that person, or by any other person while at the

Property, from any cause whatsoever, and for any loss or damage or injury to any property outside

or within Property belonging to that person, to its employees, agents, customers, licensees,

invitees, guests, or to any other person, whether or not such death or personal injury, loss, damage

or injury results from an act, omission or negligence of the Company or any of its Contractors or

any other person or entity for whom the Company or any its Contractors is, in law, responsible.

9.3.3 Every person who invites another person to enter onto the Property, or who requests permission for another person to enter onto the Property, or on whose behalf another person enters

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onto the Property, warrants that the other person entering will comply with each and every term

and condition upon which access may be granted.

9.4 Vehicle Access 9.4.1 The Company may at any time in its sole, unfettered discretion, which it can exercise arbitrarily, unreasonably, without notice, without explanation, and without liability to or

recourse by any person, refuse permission to any person to bring a vehicle or anything else onto

the Property, revoke permission to bring a vehicle or anything else onto the Property previously

granted to any person, and require any person to remove from the Property a vehicle or anything

else.

9.4.2 Any person bringing a vehicle on to the Property must:

(a) enter through the main security gate only; (b) display a valid parking pass at all times when on the Property; (c) park in designated parking spots only; (d) drive with extreme caution, with vehicle lights and flashers on; (e) yield to Cargo handling vehicles and equipment, trains and rail cars, which always

have the right of way;

(f) comply with any further requirements imposed in any DP World Fraser Surrey Vehicle Access Policy that may be in effect from time to time.

9.4.3 Any person who brings a vehicle on to the Property does so entirely at his, her or its own risk. Neither the Company nor any of its Contractors will be liable to any person, whether

by way of indemnity or by reason of breach of contract or in tort, including liability for negligence

and breach of statutory duty, or on any other legal or equitable basis for damage to any vehicle

brought onto the Property.

10. LIMITATIONS OF LIABILITY 10.1 Limitations of Liability Benefit Contractors Every provision for the benefit of the Company in this Clause will also be available to and will

extend to protect every Contractor of the Company and, for the purpose of contracting for the

benefit of such provisions and this Section, the Company is and will be deemed to be acting as

agent and trustee on behalf of and for the benefit of all such Contractors.

10.2 The Company does not Insure 10.2.1 The Company does not and will not provide insurance for the benefit of any party who may suffer loss as a result of the operation limitation provisions contained in this Tariff. Such

parties are encouraged to obtain their own insurance to cover such loss.

10.3 Limitation Period 10.3.1 The Company will not, in any event, be liable with respect to any claim for loss or damage unless:

(a) for claims for loss or damage to any Cargo, written notice thereof has been given by the claimant to the Company not more than thirty (30) days after that Cargo left

the Company’s actual custody;

(b) for any claim whatsoever, a detailed, itemized and final claim has been lodged by the claimant with the Company not more than six (6) months following the incident

alleged to have caused the loss or damage; and

(c) for any claim whatsoever, a legal action to enforce the same has been commenced by the claimant against the Company not more than one (1) year following the

incident alleged to have caused the loss or damage.

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10.4 Burden of Proof 10.4.1 In any legal or other proceeding in which destruction, damage, loss or disappearance of Cargo is in issue, the burden of proving the fact of such destruction, damage, loss

or disappearance, the cause thereof, and the responsibility therefore, will lie always with the

claimant. The Company and each of its Contractors will at all times be presumed to have exercised

due care in the custody and handling of the Cargo until the contrary is specifically proved by

evidence.

10.5 Liability for Damages Excluded and Limited 10.5.1 Notwithstanding anything else in this Tariff, and without detracting from any other limitation or exclusion of liability provided for in this Tariff, the Company and its officers,

directors, employees, consultants, agents, sub-contractors and affiliates will not be liable to any

Customer, Carrier, Vessel or to anyone claiming through or under any of them, whether by way of

indemnity or by reason of breach of contract or in tort, including liability for negligence and breach

of statutory duty, or on any other legal or equitable basis for:

(a) special, indirect or consequential damage or loss; (b) loss of present or prospective revenue, profits, overhead, expenditures, or

investments, whether in connection with services or use the Property or on account

of any other reason or cause;

(c) loss of any contract or other work that may be suffered by any Customer; nor (d) in any circumstance, for an amount that exceeds CDN $1,000,000.00, including

costs and interest.

10.6 Delay 10.6.1 The Company will not be liable for any losses caused or contributed to by any delay in providing services or use of the Property attributable in any way to:

(a) lack of sufficient labour, equipment or space at the Property; (b) changes in Marine Security (MARSEC) levels at the Property; or (c) security inspections, steps or measures of any description whatsoever taken or

occurring, and whether taken by the Company or PRS Ltd., the Port Authority, or

any other federal, provincial state, municipal or local government or any regulatory

authority, agency, commission or board, or any court, having or purporting to have

jurisdiction in the circumstances, or any person acting or purporting to act under

the authority of any foregoing.

10.7 Liability for Loss of or Damage to Cargo

10.7.1 In this clause 10.7:

• Fair Market Value of lost Cargo means the fair market value of the Cargo, ex-the Property, on the date of loss of that Cargo;

• Repair Costs means the reasonable costs to repair damaged Cargo;

• Per Package Limitation is $500 per Package;

• Rate-Based Limitation (“RBL”) is three times the amount invoiced by the Company (Ic) for services or use of the Property provided with respect to the Cargo lost or damaged, calculated

as follows: RBL = 3 x IC

Where

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IC = IT x ( QD / QC)

and:

IT = the total amount invoiced by the Company for services or use of the

Property provided with respect to the class of Cargo in which the damaged or lost Cargo

are included

QC = total quantity of Cargo of the class for which the amount IT was invoiced

by the Company expressed in the unit of measure referred to in the invoice

QD = the quantity of Cargo lost or damaged expressed in the same unit of

measure as QC

10.7.2 The Company will not be liable for any loss of or damage to any Cargo, howsoever caused, except to the extent that the loss or damage occurs directly and solely as a result of gross

negligence or wilful misconduct by the Company or any of its Contractors.

10.7.3 Every Carrier bringing any Cargo to the Property will issue a B/L that contains a customary freight limitation of liability and a clause (a “Himalaya Clause”) extending to the

Company and all of its Contractors the benefit of every B/L Defence to which the Carrier is entitled

under the B/L. When the Carrier is acting as a connecting Carrier, the agreement between it and

the Carrier issuing the B/L (the “Publishing Carrier”) shall provide either that every B/L Defence

to which the Carrier is entitled shall also be available and extend to protect every independent

contractor, including stevedores and terminal service operators and contractors, or that the B/L

issued by the Publishing Carrier shall include a Himalaya Clause extending to the Company every

B/L Defence.

10.7.4 The Company will be entitled to claim the benefit of every B/L Defence set out in a Carrier's favour in any B/L, and each Customer and all those having any interest in Cargo alleged

to be lost or damaged agree that the Carrier is the agent of the Company for the purpose of

contracting for the benefit of B/L Defences, and the Company authorizes the Carrier to so act as

agent of the Company. Where, however there is any inconsistency between the terms of a B/L

Defence and the terms of this Tariff, the terms of this Tariff will prevail.

10.7.5 If for any reason, the Company becomes liable for direct or any other damages for loss of or damage to any Cargo, and regardless of the form of action (in contract, in tort including

negligence, or on any other legal or equitable theory), then the Company will not in any event be

liable for any loss of or damage to or in connection with that Cargo in an amount exceeding the

lesser or least of:

(a) where lost, the Fair Market Value;

(b) where damaged, the Repair Costs;

(c) the Per Package Limitation;

(d) the Rate-Based Limitation; and

(e) the maximum liability under any B/L Defence that may be applicable and available in the circumstances.

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10.8 Injury to Persons (Including Death) 10.8.1 None of the Company, its Contractors or the Port Authority will be liable for any injury (including death at any time resulting from any such injury) to:

(a) passengers or crew members from Vessels; or (b) to any other persons;

occurring in, on or about the Property, save and except to the extent that such injury occurs directly

and solely as a result of gross negligence or wilful misconduct of the Company, its Contractors or

the Port Authority, in which case only the person by whose gross negligence or wilful misconduct

the injury or death was caused may be held to be liable.

10.9 Inherent Defect of Cargo at Customer's Risk 10.9.1 Cargo subject to deterioration, spoilage, shrinkage, oxidization, wastage, rust, tarnish, discoloration, breakage, leakage, chafing or any other peculiar loss or damage that may

occur despite handling or storage as provided for in this Tariff are held and handled by the

Company or at the Property entirely at the Customer’s risk.

10.10 Timber, Logs, Lumber, Watercraft 10.10.1 No timber, logs, lumber, Vessels or other water borne Cargo or property may be placed or moored at or in, or anchored or secured to or alongside of, any of the Berths or Dolphins

at the Property, the Berth Corridor, or any other Vessel, except with the permission of the

Company.

10.10.2 Permission will be granted only at the Customer’s sole risk. The Company, PRS Ltd., and each and every one of their respective Contractors will not in any circumstance be liable

to any person for any loss of or damage to anything placed or moored at or in, or anchored or

secured to or alongside of, any of the Berths or dolphins at the Property, the Berth Corridor, or any

other Vessel, however caused, including loss or damage caused by the negligence of the Company,

PRS Ltd., or any of their respective Contractors.

10.10.3 Without detracting from the legal obligations that may be owed by any person to any of the Company, PRS Ltd., or to any of their Contractors, the Customer shall be liable to the

Company, PRS Ltd., and each and every one of their Contractors for any loss or damage that occurs

while, or is caused or contributed to by, any timber, logs, lumber, Vessels or other water borne

Cargo or property or in, or anchored or secured to or alongside of, any of the Berths or dolphins at

the Property, the Berth Corridor, or any other Vessel.

10.11 Other Limitations of Liability 10.11.1 In addition to the preceding, other provisions within this Tariff may contain further and other specific limits of liability.

11. INDEMNITIES 11.1 Environmental Indemnity by Customer 11.1.1 The Customer shall hold the Company harmless from and indemnify it against any losses, expenses, damages, demands, claims, fines or penalties of any kind or nature whatsoever

which may be brought against the Company, directly or indirectly, in consequence of or with

respect to any discharge, emission, spillage or leakage resulting from any act, neglect or default of

the Customer or any Carrier carrying any Cargo upon or into the seas, waters, land or air, of any

substance whatsoever or with respect to or as a result of any environmental laws including, without

restricting the generality of the foregoing, Part XV of the Canada Shipping Act, the Marine

Liability Act, and any regulations made pursuant thereto.

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11.2 Indemnity for claims by Invitees 11.2.1 The Customer undertakes to hold harmless and indemnify the Company in respect of any claim, action, loss, damage, cost or expense arising from or in any way connected with any

damage to property, personal injury or death, occurring as a result, direct, or indirect, of the

Customer, its agents or employees, allowing, inviting or facilitating persons to enter the Property

or facilities, whether by land, water or otherwise (including as a result of such persons being

brought to the Property on a Vessel).

12. GENERAL LEGAL PROVISIONS 12.1 Governing Law and Attornment This Tariff will be governed by and construed in accordance with the substantive laws of British

Columbia and the federal laws of Canada applicable in British Columbia, without regard to the

conflict of law rules of British Columbia that would apply a different body of law. The Customer

irrevocably submits to and accepts generally and unconditionally the exclusive jurisdiction of the

courts and appellate courts of British Columbia with respect to any legal action or proceeding

which may be brought at any time relating in any way to this Tariff.

12.2 Force Majeure 12.2.1 The Company shall not be responsible or be held liable in damages if any obligation it may have to a Customer cannot be performed, in whole or in part, due to Force Majeure including

but not limited to labour disputes, disturbances, riots, civil commotion, war or the consequences

of war (declared or undeclared), terrorism or the consequences of terrorism, insurrections,

requisitions, or the threat of requisition, priorities or any other action, direction, regulation or order

of any competent authority or agency, acts of God, perils of the sea and of other waters, dangers

of navigation, ice, public enemies, storms, floods, or any other matter or thing beyond the direct

control of the Company.

12.3 Waiver 12.3.1 No failure or delay by the Company in enforcing any right or exercising any remedy will be deemed a waiver by the Company of any right or remedy.

12.4 Amendments 12.4.1 The Company may amend this Tariff, including any rates and any provisions contained within it, without specific notice and such change will be effective from the date

specified.

12.5 Invalidity of Particular Provision 12.5.1 If any provision of this Tariff or any part of any provision (in this Section called the "Offending Provision") is declared or becomes unenforceable, invalid or illegal for any reason

whatsoever including, without limiting the generality of the foregoing, a decision by any

competent courts, legislation, statutes, bylaws or regulations or any other requirements having the

force of law, then the remainder of this Tariff will remain in full force and effect as if this Tariff

had been executed without the Offending Provision.

12.6 Relationship 12.6.1 Nothing in this Tariff will make or be construed to make any party partners or agents of the others or to create any other relationship by which the acts of any party may bind the

others or result in any liability to the other.

12.7 Currency 12.7.1 Unless otherwise specified all sums of money expressed in this Tariff are in the lawful money of Canada.

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______________________________________________________________________________

III OBLIGATIONS OF CUSTOMERS – CARGO, VESSELS, SHIPPING

DOCUMENTATION, OTHER

13. OBLIGATIONS OF THE CUSTOMER – VESSELS 13.1 All Vessels 13.1.1 Each Customer for whom any Vessel uses or seeks to use a Berth, and each Customer for whom any Cargo will be loaded to or discharged from a Vessel, must ensure that the

Vessel’s ETA:

(a) is provided to the Company at least 30 days prior to the arrival of the Vessel at DP World Fraser Surrey; and

(b) is re-confirmed to the Company at 15 days, 10 days, 5 days and 1 day before arrival and at any time if the ETA changes by more than 1 hour.

13.1.2 Each Customer for whom any Vessel uses or seeks to use a Berth, and each Customer for whom any Cargo will be loaded to or discharged from a Vessel, must ensure that the

Vessel:

(a) is in compliance with the Marine Transportation Security Act, the Regulations thereto, and all other applicable laws of Canada and British Columbia;

(b) is not distressed in any way; (c) has a gangway properly affixed with the cargo-net (save all) securely fastened in

accordance with the Port standards and allows for safe boarding and disembarking;

(d) only has gear that is in safe, working order, suitable for handling Cargo in the normal course of operations at the Property without special handling (except where

otherwise agreed to by the Company in accordance with the provisions of this

Tariff) and without risk to individuals, to the Company or its Contractors, or to the

Cargo or any other property.

13.2 Container Vessels 13.2.1 Each Customer for whom a Container is to be loaded to or discharged from a Vessel must ensure that each Vessel, upon arrival and while at the Berth, is prepared for loading or

discharge without delay and that all securing and lashing, all Vessel’s gear, and all equipment

provided by the Vessel is in good condition to handle cargo in a normal, safe, and efficient manner

in accordance with all applicable lawful requirements. In particular, but without limiting the

generality of the foregoing, the Customer must ensure that:

(a) the Vessel is properly fitted for loading and unloading of Containers using industry standing lashing and fittings (costs, including delay costs, incurred because of

inadequate or extraordinary lashings or fittings are Charges that must be paid by

the Customer);

(b) sufficient adequate lashing poles for unlocking all container stacks is provided; (c) all lashing wires, rods, bottle screws, turnbuckles, stacker cones, bridge fittings,

securing pads, chains, clamps and any other lashing, unlashing, securing or

unlocking devices that may be required are provided in good working condition

and are positioned alongside cargo or containers to be lashed, unlashed, secured or

unlocked;

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(d) hatch covers are unlocked and locked promptly as required; (e) as required, refrigerated Containers are promptly plugged or unplugged by the

Vessel’s crew and, prior to discharge, cords are wrapped and stowed.

13.3 Non-Container Vessels 13.3.1 Every Customer for whom any Non-Containerized Cargo is be loaded to or discharged from a Vessel must ensure that each Vessel, upon arrival and while at the Berth, is

prepared for loading or discharge without delay and that all securing and lashing, all Vessel’s gear,

and all equipment provided by the Vessel is in good condition to handle cargo in a normal, safe,

and efficient manner in accordance with all applicable lawful requirements. In particular, but

without limiting the generality of the foregoing, the Customer must ensure that:

(a) the Vessel is properly fitted for loading and unloading of Non- Containerized Cargo and the Vessel’s cranes are in good working order with inspections

certificates on board the Vessel for review;

(b) the gangway is properly affixed with the cargo-net (save all) securely fastened in accordance with the Port standards and allows for safe boarding and disembarking;

(c) hatch covers are unlocked and locked promptly as required.

14. OBLIGATIONS OF THE CUSTOMER – CARGO CONDITION, LOAD, SPECIFICATIONS AND MARKS

14.1 Containers 14.1.1 Each Customer must ensure that at all times, a Container :

(a) meets ISO specifications, is in good working order with proper marking, and is properly and safely loaded within the Container’s safe working load limit;

(b) is accurately and legibly marked with its capacity, tare, gross and net weight.

14.2 Non-Containerized Cargo 14.2.1 Each Customer must always ensure that , all Non-Containerized Cargo:

(a) is accurately and legibly marked with the shipping weights and dimensions; (b) is clean and free of any chemical wash, of any dirt, any substance that may require

fumigation and any substance that may pose a risk to individuals, to the Company

or its Contractors, or to the Cargo or any other property;

(c) is capable of being handled in the normal course of operations at the Property without special handling (except where otherwise agreed to by the Company in

accordance with the provisions of this Tariff) and without risk to individuals, to the

Company or its Contractors, or to the Cargo or any other property.

15. OBLIGATIONS OF THE CUSTOMER – SHIPPING DOCUMENTATION 15.1 Containers for Import 15.1.1 Each Customer for whom a Container will be discharged from a Vessel must provide the Company with, or ensure that the Company is provided with, the following:

(a) at least 5 days prior to arrival of a Vessel, the import manifest;

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(b) as soon as reasonably possible, and in no event no later than 24 hours prior to the commencement of the Berth Window of a Container Vessel, the following:

(i) Vessel pre-stow plan; (ii) list of import and export Containers, with Container numbers, seal numbers,

capacity, tare, gross and net weights;

(iii) list specifying the Inland Carrier and final destination of all Containers; (iv) list identifying all Containers that have been diverted; (v) hot rush/hot load list; (vi) BAPLI list or plan; (vii) list of Containers that require customs inspection; (viii) notice and description of any dangerous or hazardous goods; (ix) list of any Non-Containerized Cargo to be discharged from a Container

Vessel;

15.2 Containers for Export 15.2.1 At least 24 hours prior to delivery of the Container, whether laden or empty, to the Property, each customer must provide the Company with, or ensure that the Company is provided

with, the following:

(a) The Container Booking List; (b) The Shipper’s Lineup; (c) Container Load Plans with the following information:

(i) Booking number; (ii) Vessel name; (iii) Port of Discharge; (iv) Dimensions; (v) Type (for example, reefer, open-top, flat-rack, etc); (vi) Container Number (including pre-fix); (vii) Seal number(s); (viii) Net and Gross weights; (ix) Dangerous or Hazardous substance information and documentation, if

applicable;

(x) Reefer temperatures; NOTE: The Company will not set or monitor temperatures or provide electricity or other services for refrigerated

containers except in accordance with a further agreement between the

Company and the Customer.

15.3 Non-Containerized Cargo for Import 15.3.1 Each Customer for whom any Non-Containerized Cargo will be discharged from a Vessel must provide the Company with, or ensure that the Company is provided with, the

following:

(a) at least 5 days prior to arrival of the Vessel, the import manifest specifying: (i) Vessel name; (ii) complete Cargo descriptions including size, type, number of packages; (iii) identifying marks, numbers and labels; (iv) weights and measurements;

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(v) special handling instructions; NOTE: the Company will comply with such instructions only subject to and in accordance with the terms and conditions

of this Tariff;

(b) at least three (3) working days prior to arrival of the Vessel, a Cargo distribution list with complete instructions showing:

(i) names of consignee and consignor of the Cargo; (ii) next destination of the Cargo; (iii) name of Inland Carrier, and instructions for delivery, including intended

date of delivery, to the Inland Carrier.

15.4 Non-Containerized Cargo for Export 15.4.1 Each Customer for whom any Non-Containerized Cargo is to be delivered to the Property to for the purpose of being loaded to a Vessel must:

(a) provide the Company with, or ensure that the Company is provided with, the following:

(i) At least 24 hours prior to delivery of the Cargo to the Property, Booking Lists and Shipper’s Lineup;

(A) ensure that Cargo delivered to the Property has legible labelling, free and clear of dirt, displaying the correct shipping weights and

dimensions;

(B) ensure that proper documentation accompanies all deliveries of Cargo and contains (as applicable):

(I) Vessel name; (II) date of delivery; (III) destination; (IV) shipper and carrier; (V) a complete, accurate description of all Cargo, including:

(1) the type of Cargo, including, for example, its standard dimensions (for example, “steel I-beam, 20

foot”);

(2) marks; (3) quantity of Cargo (weight, volume, number of

packages, etc.);

(4) special handling instructions; NOTE: The Company will comply with such instructions only subject to

and in accordance with the terms and conditions of

this Tariff;

(5) Identifiable lifting points.

(b) to the extent possible using its commercially reasonable best efforts, provide the Company with all information required for a Vessel in electronic format (EDI, flat

file, BAPLI, etc.).

16. OBLIGATIONS OF THE CUSTOMER – TRUCKS 16.1 Each Customer for whom a truck enters or seeks to enter the Property for the purpose of picking up or dropping off Cargo must ensure that:

(a) an appointment to enter the Property is made with Company;

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(b) the driver is competent, is duly authorized to enter the Property in accordance with the Marine Transportation Security Act, and the Regulations thereto; and that

(c) the truck is in safe-working condition and in compliance with all applicable laws of Canada and British Columbia.

17. OBLIGATIONS OF THE CUSTOMER – DANGEROUS GOODS 17.1 Each Customer must ensure that all required documents and placards, with all information properly and accurately stated, for the safe and lawful handling and transportation of

any dangerous goods to be received at the Property, discharged from a Vessel, or loaded to a

Vessel, are provided to the Company.

18. PROVISION OF SERVICES IN THE ABSENCE OF NECESSARY INFORMATION

18.1 If any Customer fails to meet their obligations with respect to the condition of any Cargo or the provision of information with respect to Cargo (for example, if documentation in

respect of Cargo is not provided to the Company within the time specified), the Company may in

its discretion refuse or continue to provide some or all services or use of the Property, and all costs

incurred in doing so (for example, labour, equipment costs incurred in handling the Cargo or as a

result of any delay, including extra costs incurred with respect to other Cargo) are Charges that

must be paid by the Customer.

19. DISTRESSED CARGO, VESSELS OR OTHER CONVEYANCES 19.1 Irrespective of any other provision in this Tariff, where, in the opinion of the Company:

(a) any Cargo is improperly or inadequately stowed, or affected by fire, water, oil or is otherwise distressed; or where

(b) a Vessel, a rail car, a truck or another conveyance, or its machinery or its working spaces, are in a distressed condition;

the Company is, in its sole, unfettered discretion, entitled to decline to provide further services

unless and until the distress is resolved to the satisfaction of the Company; and where the Company

continues to perform services despite the distress, all of the costs incurred in doing so (for example,

labour, equipment costs incurred in handling the Cargo or as a result of any delay while doing so,

including the cost of equipment for the protection of employees and extra costs incurred with

respect to other Cargo) are Charges that must be paid by the Customer.

21

______________________________________________________________________________

IV GENERAL SERVICES

20. SERVICES PROVIDED SUBJECT TO THE AVAILABILITY OF LABOUR, EQUIPMENT AND SPACE

20.1 The Company provides services and the use of the Property subject to:

(a) availability of labour, personnel, equipment and materials and the physical capacity of the Property; and

(b) restrictions or obligations that may be imposed by or owed to third parties (including but not limited to the Port Authority, governmental authorities and law

enforcement agencies) in respect to the Property or services provided on it.

21. STANDARD HANDLING AND STORAGE OF CARGO AT THE PROPERTY

21.1 Except as expressly provided for in this Tariff, Cargo is:

(a) discharged from and loaded to Vessels with Vessel’s Gear; (b) handled with cranes, forklifts and, in the case of Containers, with specialized

Container handling machinery; and

(c) stored outside.

21.2 The Company may in its discretion handle or move Cargo from time to time with other machinery, for example, tractor/trailers, bolsters, flatracks, cranes, etc.

22. SPECIAL HANDLING INSTRUCTIONS 22.1 The Company will not handle, nor provide use of the Property with respect to, any Cargo other than in accordance with its standard handling and storage practices except when, upon

the written request of a Customer received at least five days prior to arrival of any Cargo, the

Company in its discretion agrees to handle or store that Cargo in accordance with special

instructions, including, for example, instructions to do the following:

(a) sort or separate Cargo; (b) store Cargo inside a Shed at the Property; (c) cover Cargo with tarps or other materials; (d) handle Cargo in accordance with such other special handling instructions services

as the Company may agree to provide from time to time.

22.2 Extra Charges will be applied for special handling. All costs, expenses, losses and Charges incurred in providing services or use of the Property in accordance with any special

handling instructions are Charges that must be paid by the Customer.

22.3 The Company will not be liable to any person for any loss or damage caused or contributed to by:

(a) special handling; or (b) a failure to provide any special handling beyond that which the Company has

agreed to provide in accordance with this Clause.

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23. PACKAGING 23.1 Cargo will be subject to multiple handling (for example: to and from Carriers; to relocate the Cargo on the Property; to facilitate inspection by authorities; etc). Each Customer

warrants that all Cargo can sustain such movement without damage or will be adequately packaged

and secured so as to prevent damage in the course of such handling.

23.2 The Company will not be liable for any loss or damage caused or contributed to by insufficient packaging. The Company will not be liable for any loss or damage caused or

contributed to by the deterioration of any Cargo.

23.3 Where, in the opinion of the Company, any Cargo may be unable to withstand handling at the Property, the Company may, at the risk and expense of the Customer:

(a) refuse to handle any of the Cargo; (b) refuse to permit any of the Cargo to be handled; (c) cause or require any of the Cargo to be:

(i) covered or moved into a shed; (ii) packaged or repackaged; (iii) handled with extra labour or equipment;

and

the costs incurred in doing so (for example, labour, equipment costs incurred in handling the Cargo

or as a result of any delay while doing so, including extra costs incurred with respect to other

Cargo) are Charges that must be paid by the Customer.

24. CARGO THAT MAY CONTAMINATE OTHER CARGO, PEOPLE OR PROPERTY

24.1 The Company may in sole discretion determine that any Cargo poses a risk to any other Cargo, to people or to property, and reject any Cargo, relocate any Cargo and store it under

different conditions (for example, store it outside despite special instructions for inside storage),

and cover or remove any Cargo from the Property, all at the risk of the Customer, and the costs

incurred in doing so (for example, labour, equipment costs incurred in handling the Cargo or as a

result of any delay while doing so, including extra costs incurred with respect to other Cargo) are

Charges that must be paid by the Customer.

25. DEMURRAGE - RAILCARS OR VESSELS 25.1 The Company will have no responsibility for and no liability for any demurrage whatsoever that may accrue on any railcar, Vessel, or other conveyance.

26. EXPLOSIVES AND HAZARDOUS GOODS DANGEROUS GOODS HANDLING

26.1 The acceptance, handling, or storage of explosives or excessively inflammable or hazardous materials will be subject to the Customer obtaining prior approval from the Port

Authority and to making special arrangements with the Company and will be governed by the rules

and regulations of the Transportation of Dangerous Goods Act, 1992, and regulations thereto, or

legislation governing the same subject matter and enacted in replacement of or in addition to that

Act or regulations.

26.2 Hazardous Cargo must be prepared for shipment in accordance with International Maritime Organization regulations (IMDG Code) and a detailed description of the Cargo,

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including its I.M.O. code and rating, must be provided to the Company in advance by or on behalf

of the Customer.

26.3 Customers must ensure that dangerous Cargo is correctly labelled, placarded and documented. The Customer must indemnify the Company for any losses, damages, penalties, costs

or expenses that may arise out of any incorrect labels, placards or documentation of such Cargo.

26.4 The Company reserves the right to decline services at its location for Hazardous or Dangerous Cargo for any reason whatsoever.

27. INFORMATION AND RECORDS 27.1 Each Customer must hold all information received from the Company in confidence. The Company shall be entitled to refuse to disclose information or documents

obtained from any Customer.

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______________________________________________________________________________

V VESSEL SERVICES

28. BERTH AND GANTRY CRANE AVAILABILITY 28.1 The Company may in its discretion authorize the use of any of Berths 2 through 10, the Berth Corridor, and the gantry cranes at the container berths at DP World Fraser Surrey. The

Company exercises its discretion in accordance with authority granted to it by the Port Authority

and in accordance with the following:

(a) Vessels of Ocean Carriers with schedules agreed to by the Company will be given first priority for designation of an appropriate berth, a Berth Window, and the use

of the gantry cranes in accordance with agreed-upon schedules.

(b) Any Container vessel not being operated by an Ocean Carrier in accordance with a fixed schedule agreed to by the Company will be given the second priority for

designation of a Berth Window, a Container Berth and cranes.

(c) Where two Container vessels, neither being operated by Ocean Carriers in accordance with a fixed schedule agreed to by the Company, are berthed at a

Container Berth and are ready to discharge or load at the beginning of any particular

shift, the use of one gantry crane will be designated to each.

(d) Any Vessel that is delayed past the Berth Window designated to it by the Company will lose priority. Subject to bona fide commercial and operational considerations,

the company will use its best efforts to reschedule any Vessel that misses its Berth

Window.

28.2 In order to resolve berth and/or crane scheduling conflicts and to allow safe, efficient navigation by all Vessels at and near the Berths, at the expense of the Customer:

(a) a Vessel may be required to load or discharge Cargo during all available shifts through to completion;

(b) a Vessel may be required to move off the Berth for a period of time or move from one Berth to another;

(c) a Vessel scheduled to discharge or load Cargo to or from a scow may be required to wait for a berth or, in the course of discharging or loading, move to another berth,

move off the berth for a period of time, or move to another marine terminal facility;

and the costs incurred in doing so (for example, labour, equipment costs incurred

as a result of any delay while doing so, including extra costs incurred with respect

to other Vessels or Cargo) are Charges that must be paid by the Customer.

(d) a vessel may be required to move off the berth for a period of time, and on more than one occasion, to enable access for other vessels or barges to adjacent Berths at

the Property. The amount of times that this shifting off/on will be required is

dependent on the frequency of the barge and vessel movements in and out of the

adjacent berths.

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29. ADDITIONAL VESSEL SERVICES 29.1 Any charges for additional vessel services are Charges that the Customer must pay. 29.2 Vessel Lines 29.2.1 Every Vessel must provide lines sufficient for tying up the Vessel to a Berth. The Company charges for tying up and letting go each Vessel as particularized in the Schedules to this

Tariff.

29.3 Gangway 29.3.1 The Company may determine that a gangway provided by a Vessel is unsafe or otherwise inadequate, and require use of another gangway. The Company may provide the use of

a gangway, and charges for the use of gangway are as particularized in the Schedules to this Tariff.

The Company has acquired a certified gangway netting which is available for rent to any vessel

arriving at the terminal. The cost of rental and utilization of the gangway netting will apply as

particularized in the Schedules to this Tariff.

29.4 Access to the Berth and Berth Corridor for Third Party Service Providers 29.4.1 If, at the request of any person, the company may grant permission for a ship chandler, a surveyor or any person access to a Berth, to the Berth Corridor or to the Property

generally. The Company may charge for costs incurred in providing such access (for example:

labour charges may be incurred to escort the third party; a fee may be charged for use of the

Property to conduct repairs to a Vessel).

29.5 Water 29.5.1 At the request of a Vessel, the Company may provide the use of a water line. The Company charges for water, for use of the water line, and connecting and disconnecting water

lines as particularized in the Schedules to this Tariff.

29.6 Bunkering 29.6.1 Bunkering of Vessels is prohibited except with the express written consent of the Company.

30. BERTHAGE FEES AND WHARFAGE FEES 30.1 All Berthage Fees and all Wharfages Fees are Charges that must be paid by the Customer to the Company as agent for collection of the Port Authority.

31. BCMEA CARGO ASSESSMENTS 31.1 All BCMEA Cargo Assessments are Charges that must be paid by the Customer to the Company as agent for collection of the BCMEA.

32. OTHER CHARGEABLE FEES 32.1 The Company may be required to collect “other” fees as requested, from time to time, by the Port Metro Vancouver or related third parties.

32.2 Redocumentation means reissuing or making changes to the documentation and / or billing of Cargo arising from changes in original manifests, split delivery of Shipments,

forwarding instructions or services. Re-documentation also includes reissue/ resending of invoices

and back-up to invoices.

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______________________________________________________________________________

VI STEVEDORING SERVICES

33. SUPERVISION BY THE VESSEL 33.1 Stevedoring services are provided subject to and in accordance with the instructions of the crew of the Vessel.

34. CELL-TO-CELL, CELL-DOCK-CELL MOVEMENTS - CONTAINERS

34.1 The Company may, on the instructions of the Vessel, move a Container from one cell to another cell on a Vessel or from a cell on a Vessel to the dock surface and then to another

cell on that Vessel. The charges for these movement are Charges that must be paid by the

Customer.

35. STANDARD STEVEDORING SERVICES – CONTAINERS 35.1 The Standard Stevedoring Services for the discharge of a Container, whether laden or empty, from a Container Vessel consist of unlashing the Container using the Vessels gear and,

with the use of a DP World Fraser Surrey gantry crane:

(a) discharging the Container from that Vessel to the Berth Corridor at ship’s side;

(b) moving hatch covers fitted with standard corner fittings from bay to bay and to and from the dock apron in order to facilitate the discharging of a Container,

35.2 The Standard Stevedoring Services for loading a Container, whether laden or empty, to a Container Vessel consist of, with the use of a DP World Fraser Surrey gantry crane:

(a) moving hatch covers fitted with standard corner fittings from bay to bay and to and from the Berth Corridor to facilitate the loading of a Container;

(b) lifting a Container from the Berth Corridor at ship’s side and stowing it on a Vessel in accordance with a pre-stow plan prepared and supplied by or on behalf of the

Vessel; and

(c) lashing the Container using the Vessel’s gear and lashing.

36. STANDARD STEVEDORING SERVICES – NON-CONTAINERIZED CARGO

36.1 The Standard Stevedoring Services for the discharge of Non-Containerized Cargo from a Vessel consist of, with the use of the Vessel’s gear:

(a) shifting Cargo in the hold to facilitate discharge, if required in the normal course for the type of Cargo;

(b) attaching lifting gear (for example, slings, choker chains, etc.) to the Cargo; (c) lifting the Cargo from the hold and placing on the Berth Corridor at Vessel’s side.

36.2 The Standard Stevedoring Services for the loading of Non-Containerized Cargo on a Vessel consist of, with the use of the Vessel’s gear:

(a) attaching lifting gear to Cargo lying on the Berth Corridor at Vessel’s side;

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(b) lifting the Cargo and stowing in a hold on the Vessel in accordance with pre-stow plan prepared and supplied by or on behalf of the Vessel.

37. TRANSHIPMENT SERVICES 37.1 Transhipment services for Non-Containerized Cargo 37.1.1 The Company will discharge Non-Containerized Cargo from a Vessel for the purpose of loading to another Vessel only in accordance with a specific agreement with a Customer

to do so. All costs incurred in doing so (for example, labour, equipment costs incurred in handling

the Cargo or as a result of any delay while doing so, including extra costs incurred with respect to

other Cargo) are Charges that must be paid by the Customer.

37.2 Transhipment services for Containers 37.2.1 Upon written request, the Company may agree to discharge a Container from a Vessel for the purpose of loading to another Vessel. The Company charges for doing so as

particularized in the Schedules to this Tariff, and those charges are Charges that must be paid by

the Customer.

38. STEVEDORING SERVICES – DIRECT TRANSFER 38.1 The Company may, upon a written request received at least 5 days before the arrival of a Vessel, agree to:

(a) transfer Cargo directly between that Vessel at a Berth and a truck or railcar in the Berth Corridor;

(b) transfer Cargo directly from one Vessel to another Vessel (for example, a scow); (c) transfer Cargo directly between a Vessel and the water adjacent to the Berth (for

example logs).

38.2 The Company charges for transferring Cargo directly as particularized in the Schedules to this Tariff, and these charges are Charges that must be paid by the Customer.

39. STEVEDORING ACCESS FEE (EFFECTIVE APRIL 1, 2021)

A Stevedoring Access Fee is applicable to all cargo or equipment for which Stevedoring is

provided at DP World Fraser Surrey. The Stevedoring Access Fee forms part of the general fees

and charges set out herein when using Stevedoring services other than those provided by DP World

or PRS Ltd. For Stevedoring services provided by any other stevedoring company, the

Stevedoring Access Fee set out in Rate Schedule 10 applies and is payable by the Customer or

Ocean Carrier that is responsible for hiring and paying for the cost of Stevedoring the cargo. The

Customer, including any Ocean Carrier, who is responsible for hiring and paying such other

stevedoring company represents and warrants that such other stevedoring company is their invitee

and is subject to the terms and conditions set out in this Tariff.

40. BERTH ACCESS FEE (EFFECTIVE APRIL 1, 2021)

40.1 A Berth Access Fee is applicable to all cargo or equipment loaded or unloaded by or for the account of the Customer to or from an Ocean Carrier at DP World Fraser Surrey. The

Berth Access Fee forms part of the general fees and charges set out herein for granting the non-

exclusive right to a Licensee to enter onto and to use a licensed area within DP World Fraser Surrey

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in accordance with the terms and conditions set out in the license agreement between DP World

Fraser Surrey and the licensee.

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______________________________________________________________________________

VII TERMINAL SERVICES

41. REMOVAL OF CARGO FROM THE BERTH CORRIDOR 41.1 Except as otherwise agreed to by the Company, no Cargo may be stored in the Berth Corridor. All Cargo:

(a) placed in the Berth Corridor in preparation for loading to a Vessel must be loaded as scheduled; and

(b) discharged from a Vessel must loaded to an Inland Carrier by Direct Transfer or moved to a Place of Rest on the Property.

41.2 The Company may, at the risk and expense of the Customer, remove any Cargo discharged from a Vessel or not loaded to a Vessel as scheduled and take it to a Place of Rest. All

costs incurred in doing so (for example, labour, equipment costs incurred in handling the Cargo or

as a result of any delay while doing so, including extra costs incurred with respect to other Cargo)

are Charges that must be paid by the Customer.

42. TERMINAL THROUGHPUT SERVICES 42.1 The charges for providing Terminal Throughput Services are Charges which must be paid by the Customer.

42.2 Containers for Import 42.2.1 The Terminal Throughput Services for a Container discharged from a Vessel, whether laden or empty, at DP World Fraser Surrey consist of:

(a) once, moving the Container from the Berth Corridor at Vessel's side to the Container Yard and stacking as required;

(b) storing the Container for the Storage Period; (c) once, unstacking the Container in Container Yard and either:

(i) transporting it to a loading area, and loading it on, but not securing it to, a truck, and allowing the truck carrying that Container to pass once through

the Container Gate at the Property; or

(ii) transporting it through the Container Gate at the Property to a rail siding on or adjacent to the Property, but not loading nor securing it to a rail car.

42.3 Containers for Export 42.3.1 The Terminal Throughput Services for a Container, whether laden or empty, delivered to the Property by an Inland Carrier to be loaded onboard a Vessel consist of:

(a) once, no sooner than the Earliest Receiving Date and no later than the Latest Receiving date, either:

(i) allowing a truck to bring the Container through the Container Gate at the Property, unloading the Container from the truck; or

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(ii) discharging the Container from rail car at rail siding on or adjacent to the Property, transporting it onto the Property and to Container Yard, and

stacking it as required;

and

(b) once, unstacking Container in the Container Yard and transporting it to the Vessel's side in the Berth Corridor;

NOTE: Irrespective of any EIR issued or exchanged by the Company on behalf of

Carrier or a Customer, the Company shall not in any circumstances be held liable

for any damage to a Container not readily identifiable at the time of such visual

inspection conducted pursuant to the EIR.

42.4 Non-Containerized Cargo for Import 42.4.1 The Terminal Throughput Services for Non-Containerized Cargo discharged from a Vessel at DP World Fraser Surrey consist of:

(a) once, transporting the Non-Containerized Cargo from the Berth Corridor at ship’s side to a Place of Rest on the Property;

(b) without any sorting, storing the Non-Containerized Cargo in an orderly fashion in the order received at the Place of Rest;

(c) at the Place of Rest, assess by visual inspection and record the quantity and condition of the Non-Containerized Cargo;

(d) storing the Non-Containerized Cargo for the Storage Period; (e) once, either:

(i) transporting the Non-Containerized Cargo to a loading area, placing it once onto, but not securing it to or shifting it, a truck, and allowing the truck to

pass one time through a Gate to leave the Property with the Cargo; or

(ii) transporting the Non-Containerized Cargo through a Gate once to a rail loading facility on or adjacent to the Property but not shifting it nor loading

it on to a rail car nor securing it to a rail car.

NOTE: Inland Carriers must secure Cargo to the Vehicle on which any Cargo is loaded, and are

solely responsible for providing any dunnage and securing material that may be required for doing

so.

42.5 Non-Containerized Cargo for Export 42.5.1 The Terminal Throughput Services for Non-Containerized Cargo received at the Property to be loaded to a Vessel at DP World Fraser Surrey consist of:

(a) once, no sooner than the Earliest Receiving Date and no later than the Latest Receiving Date, either:

(i) allowing a truck to bring the Non-Containerized Cargo through a Gate to an unloading area and, after the Inland Carrier has removed any securing,

unloading the Non-Containerized Cargo from the truck; or

(ii) picking up Non-Containerized Cargo that has been discharged from a rail car at a rail siding on or adjacent to the Property, moving the Non-

Containerized Cargo through a Gate at the Property;

and transporting the Non-Containerized Cargo to a Place of Rest;

(b) once, transporting the Non-Containerized Cargo from the Place of Rest to the Vessel’s side in the Berth Corridor.

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43. MOVEMENT OF CARGO THROUGH A GATE AT THE PROPERTY 43.1 Gate charges are imposed each time any Cargo is brought onto or taken off the Property. Gate charges are Charges that must be paid by the Customer.

44. DIRECT TRANSFER 44.1 Access to the Berth or Berth Corridor 44.1.1 The Company may, upon a written request received at least 5 days before the arrival of a Vessel, allow a truck or railcar to enter the Berth Corridor to receive or deliver Cargo for

directly from or to a Vessel at a Berth. The costs incurred in doing so (for example, labour,

equipment costs incurred as a result of any delay while doing so, including extra costs incurred

with respect to other Vessels or Cargo) are Charges that must be paid by the Customer.

44.1.2 The Company may, upon a written request received at least 5 days before the arrival of the first Vessel, allow for Direct Transfer of Cargo from that Vessel to a second Vessel.

44.2 Direct Transfer Charges 44.2.1 The Company may impose the following charges for Direct Transfer, which are Charges must be paid by the Customer, as follows:

(a) a charge for allowing a second Vessel access to Vessel at a Berth for the purpose of Direct Transfer;

(b) a charge for allowing trucks or rail cars access to the Berth Corridor for the purpose of Direct Transfer;

(c) a charge for allowing Cargo to move to or from a Vessel by Direct Transfer.

44.2.2 The Company may impose Charges

45. STORAGE PERIOD, FREE TIME, STORAGE CHARGES, DUMURRAGE, AND WAREHOUSING

45.1 Except as otherwise agreed to in writing by the Company, the Storage Period commences after the expiration of Free Time.

45.2 Except as otherwise agreed to in writing by the Company, Free Time is 48 hours. 45.3 The Company may, on such terms as it may be prepared to accept, agree to extend a Storage Period for part or all of any shipment of Cargo.

45.4 Cargo must be removed from the Property immediately upon the expiration of a Storage Period but may be removed only if all Charges then owed by the Customer are paid in full.

45.5 The Company may impose Storage Charges, which are Charges that must be paid by the Customer.

45.6 The Company may require Storage Charges to be paid in advance, and may issue invoices for Storage Charge monthly or more frequently, which must be paid by the Customer.

45.7 Demurrage Charges begin to accrue immediately upon the expiration of a Storage Period and are Charges that must be paid by the Customer.

46. RIGHT TO PILE, RE-PILE OR REMOVE CARGO 46.1 The Company may, upon any default of a Customer of its obligations to the Company or for any bona fide operational reason, by written notice to a Customer require it remove

any Cargo at its expense prior to the expiration of a Storage Period.

46.2 Any Cargo remaining at the Property after expiration of a Storage Period, and Cargo shut out at clearance of a Vessel, may be piled or re-piled, transferred to other locations or

receptacles within the Property, delivered to a Customer, or removed by the Company to public or

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private warehouses, all at the expense and risk of the Customer. The costs incurred by the Company

in doing so (for example, labour and equipment costs incurred in handling the Cargo or as a result

of any delay while doing so, extra costs incurred with respect to other Cargo, third party charges)

are Charges that must be paid by the Customer.

47. TERMINAL SERVICES - REFRIGERATED CONTAINERS 47.1 With the agreement of the Company given upon receipt of a written request from a Customer, the Company will provide electric outlets and power for a refrigerated Container and

record temperature in accordance with the “Refrigerated Container Surcharges” provisions in the

schedules to this Tariff.

48. CONTAINER OPERATIONS SURCHARGES 48.1 Reprinting Out Gate Interchange – A reprint fee will be assessed for each reprinting of an out-gate interchange.

48.2 Seal Number Update Fee - Fee for updating the seal number of export containers at the Terminal Gate.

48.3 On Hire Fee - Fee for updating container numbers in N4 system 48.4 Overweight Surcharge - DPWC has a zero-tolerance policy for handling overweight Containerized Cargo. Containerized Cargo received that exceeds the maximum

payload of the Containerized Cargo is considered unsafe. All such cargo will be rejected by DPWC

and the amount set forth below shall be assessed. The overweight surcharge is applicable for the

special handling required, and DPWC will charge additional fees to remove excess Cargo and the

party or parties causing such unauthorized use shall be held liable for all losses, claims, demands

and suits for damages including death and personal injury, legal and court expenses, directly or

indirectly resulting from such unauthorized use.

48.5 Heavy Rail Container Surcharge - An overweight surcharge shall be applicable for any 20’ container exceeding 23,995 kg for 23.995 tonnes in gross weight (cargo and container

tare). This surcharge is due to an increase in the number of heavy 20’ containers received for rail

load and the related issues of longer dwell, limited availability of high stress rail cars, and

equipment matching issues.

48.6 Tanks and Non-Standard Containers Rail Surcharge - Surcharge due to additional capacity required to handle this type of equipment on the rail and impact on the terminal dwell

time

48.7 EDI or Waybill Errors - This item refers to re-work of containers which may be necessary due to billing errors (EDI or waybill) between a shipping line and their rail provider.

Billing errors may require the removal of containers from a loaded rail track, interfere with the

release of a loaded track and cause unnecessary delays to other customers. Any rehandles required

will be billed in addition to the EDI/Waybill error charge.

48.8 Equipment Change of Status Charge - Equipment change of status charges are charges assessed on any Containerized Cargo received on dock where the booking is subsequently

rolled to the next Vessel, the port of discharge is changed or there is any status change to the

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Containerized Cargo and OOG Cargo. This is in addition to any Demurrage levied but includes

up to 2-yard re-handles, if more re-handles are required they will be quoted on a case by case basis.

48.9 Empties Management System (EMS) - Charges for evacuation of empty containers over and above the empty pool allowances once the total empties on site for all shipping lines

exceed 25% of the terminal yard capacity.

48.10 Dangerous and Hazardous Cargo - The acceptance, handling or storage of explosives or excessively inflammable or Hazardous Cargo will be (a) subject to obtaining prior

written approval from the Authority and DPWC, (b) subject to making prior special written

arrangements with DPWC, (c) governed by the rules and regulations of the Transportation of

Dangerous Goods Act, 1992, S.C. 1992, c. 34 and any other applicable Federal or Provincial laws

and regulations, and (d) the provisions set out in Sections 10.2 (d) and 11.8.. DPWC, at its

discretion, may assess additional charges for handling Hazardous Cargo (e.g., disposal fees,

equipment costs, costs associated with contracting appropriate safety personnel such as firefighters

or medical staff) in addition to the rates defined in this Tariff and it may refuse to handle any Cargo

or provide storage, which in its sole judgment could cause damage to human health, other Cargo

or property. Hazardous Cargo must be presented in accordance with International Maritime

Organization (“IMO”) regulations and a detailed description of the Hazardous Cargo, including its

IMO code and rating must be provided to DPWC in writing and in advance by the User, Cargo

Owner or the Vessel Owner.

48.11 VGM Information Received After Vessel Cut-Off 48.12 Minor Damage - Notwithstanding DPWC’s other rights and obligations under this Tariff, DPWC, at its sole discretion, may assess a charge against any User that damages DPWC’s

property or the Terminal. Any charge so assessed is without prejudice and in addition to DPWC’s

other rights or remedies under this Tariff to recover their actual loss.

48.13 Security Breaches – Notwithstanding DPWC’s other rights and obligations under this tariff, DPWC, at its sole discretion, may assess a charge against an User each time that User

breaches any of DPWC’s security rules and regulations.

48.14 Abandoned Cargo and Containers - Notwithstanding DPWC’s other rights and obligations under this Tariff, DPWC, at its sole discretion, may assess a charge against any User

or Vessel Owner that leaves Abandoned Cargo at the Terminal. Any charge so assessed is without

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prejudice and in addition to DPWC’s other rights or remedies under this Tariff, including, without

limitation, the rights set out in Section 59.

48.15 Container Off Hires – The fee for requesting that a container go off hire is calculated and billed as 2 terminal rehandles

48.16 Backward Facing Containers - The fee is for discharging any container that is placed in the wrong direction on the vessel at the load port.

48.17 Expedited Rail Service - An expedited rail service (ERS) is available for. Montreal and Toronto. This service provides rail priority service with delivery of cargo within 24 hours of

vessel completion, subject to rail car availability.

48.18 Local Rush – Fee for delivering containers while the vessel is still working – provided it is a gate working day.

48.19 Digital Photographs 48.20 Sweep or Vacuum Containerized Cargo – The fee for sweeping or vacuuming Containerized cargo covers the clearing and sweeping of dunnage or debris from Containerized

Cargo and / or the internal washing of the Containerized Cargo.

48.21 Application / Removal of Placard or Sea – The fee for applying or removing placards or seal covers the costs of removing or applying a placard or seal.

49. DISTRIBUTION OF CARGO 49.1 Except as otherwise provided for in this Tariff, only a Customer, its Agent, or the Company may remove any Cargo from the Property. Only an Inland Carrier designated by the

Customer as its Agent may remove any Cargo from the Property.

50. INLAND CARRIER ACCESS TO TERMINAL 50.1 Expect by special agreement with DP World Fraser Surrey, access to the Property is available to Inland Carriers only during the normal operating hours. If after-hours access is

provided, all costs (labour, equipment, etc.) incurred for doing so are Charges which must be paid

the Customer.

51. INSPECTION AND ACKNOWLEDGEMENT OF RECEIPT OF GOODS FROM THE COMPANY

51.1 Every person must, immediately before removing any Cargo from the Property, must acknowledge to the Company in writing the receipt of the Cargo in good order and condition

subject only to such damage or shortage as may be specified in writing on the written

acknowledgement. All parties with any interest in the Cargo are deemed to have authorized and

required any Agent who wishes to remove any Cargo to conduct such inspection and acknowledge

receipt in accordance with this provision.

52. DELIVERY AND TRANSHIPMENT OF GOODS – DISTRESSED CARGO OR UNLOADED CARGO AT THE CUSTOMERS DIRECTION.

52.1 If any Cargo received at the Property for delivery to a Vessel is for any reason removed from the Property by any other means, the Charges payable with respect to that Cargo

will be the amount payable for the services or use of the Property actually provided, or for delivery

to a Vessel, whichever is the greater.

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VIII FACILITATION OF INSPECTION SERVICES

53. INSPECTION BY CBSA, SECURITY AND OTHER AGENCIES 53.1 The Company may be requested or required by Governmental authorities, law enforcement and safety agencies (for example, Canadian Border Services Agency, the Canadian

Food Inspection Agency, local and national police and military forces, fire departments) and may

otherwise be required by law to make available, handle or remove Cargo, and the costs incurred

in doing so (for example, labour, equipment costs incurred in handling the Cargo or as a result of

any delay while doing so, including extra costs incurred with respect to other Cargo) are Charges

that must be paid by the Customer.

54. SECURITY SURCHARGE 54.1 The Company imposes security surcharges as particularized in the schedules to this Tariff. The security surcharges are Charges that must be paid by the Customer.

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IX EXTRA SERVICES

55. SERVICES, MATERIALS, USE OF THE PROPERTY NOT OTHERWISE PROVIDED FOR IN THIS TARIFF

55.1 If, when requested by a Customer, the Company agrees to provide materials, services or the use of the Property not otherwise provided for in this Tariff, the Charges for doing

so, including:

(a) the cost of labour calculated in accordance with the Rate Schedules, including any applicable shift differentials and any premiums or other labour costs that may be

payable;

(b) the cost of any equipment used; (c) the cost of any materials provided; and (d) the cost incurred in using any third party service providers;

as calculated in accordance with the Rate Schedules or as expressly provided for elsewhere in this

Tariff or, for anything not so provided, as agreed to, or calculated at a rate agreed to, by the

Company, are Charges which the Customer must pay.

55.2 Except where they may be provided for specifically in this Tariff, for materials and for services for provided by third parties in the course of providing services or use of the Property,

the Charges will be an amount equal to the actual cost incurred to obtain those services or materials,

including any costs for delivery including but not limited to labour and material costs, plus 50%,

which Charges must be paid by the Customer.

56. RAILWAY CARS – ADDITIONAL SERVICES 56.1 Blocking and bracing of railway cars must be specifically requested. Bracing or additional dunnage will be provided only upon written request of the Customer, the cost of which

are Charges which the Customer must pay;

NOTE: The Company specifically relies upon the Customer to ensure the adequacy of stowage of

Cargo on a railway car. The Company shall not in any circumstances be held liable for any damage

to and accepts no responsibility whatsoever for damage to any Cargo loaded to a rail car.

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X CARGO RELEASE AND THIRD PARTY BILLING SERVICES

57. CARGO RELEASE AND THIRD-PARTY BILLING 57.1 As a service to, and for the convenience of, a Customer, the Company may in its sole, unfettered discretion accept or decline to accept:

(a) a request (a “Release”) from a Customer to deal with any particular Cargo in accordance with the instructions of a third party;

(b) a request (a “Third Party Billing Request”) to issue to a Third Party an invoice (“Third Party Invoice”) for amounts payable by a Customer with respect to any

Cargo or with respect to any services or use of the Property provided.

57.2 In no case will:

(a) the delivery of a Release by a Customer; (b) the agreement of the Company to deal with any Cargo in accordance with a Release; (c) dealing with any Cargo in accordance with a Release; (d) the agreement of the Company to issue a Third-Party Invoice; (e) the issuance of a Third-Party Invoice; or (f) the acceptance of payment by the Company of amounts t